The Times Australia
Google AI
The Times World News

.

Morrison's multiple ministries legal but flouted principle of 'responsible government': solicitor-general

  • Written by Michelle Grattan, Professorial Fellow, University of Canberra

Scott Morrison’s action in having himself appointed secretly to multiple ministries was legal but breached “the principle of responsible government”, according to advice from the Solicitor-General, Stephen Donaghue.

Releasing the advice, Anthony Albanese announced the government would set up an inquiry, under an “eminent person with a legal background”, into the former prime minister’s actions.

Albanese said questions that needed examining included: “Why this occurred? How this occurred? Who knew about it occurring? What the implications are for our parliamentary system? Are there any legal implications behind decisions that were made? How can we avoid this happening again?”

Over 2020-21 Morrison had himself appointed to the ministries of health; finance; industry, science, energy and resources; home affairs and treasury. The appointments were not announced, Morrison did not tell cabinet and some of the ministers directly affected did not know.

The advice focused on the resources department, where Morrison overrode the decision of the minister on a gas exploration project, but the findings applied to the departments generally.

The solicitor-general said the constitution’s section 64 empowered the governor-general to appoint multiple ministers to administer a single department.

But under responsible government, outlined in chapter II of the constitution, the executive was responsible to parliament and, through it, to the electorate.

“It is impossible for the Parliament and the public to hold ministers accountable for the proper administration of particular departments if the identity of the Ministers who have been appointed to administer those departments is not publicised.”

Morrison’s multiple appointments were not announced and “there was no way the public could discern [them] from the Ministry list, or anywhere else.”

“The capacity of the public and the Parliament to ascertain which Ministers have been appointed to administer which departments is critical to the proper functioning of responsible government, because it is those appointments, when read together with the [administrative arrangements order], that determine the matters for which a Minister is legally and politically responsible.”

“To the extent that the public and the Parliament are not informed of appointments that have been made under s 64 of the Constitution, the principles of responsible government are fundamentally undermined.”

“Neither the people nor the Parliament can hold a Minister accountable for the exercise (or, just as importantly, for the non-exercise) of particular statutory powers if they are not aware that the Minister has those powers.”

“Nor can they hold the correct Ministers accountable for any other actions, or inactions, of departments.”

Morrison’s name did not appear in the ministry list in October 2021 in relation to any of the five departments he had been appointed to administer, the advice noted.

The solicitor-general said the undermining of responsible government did not depend on the extent to which Morrison exercised power.

Canvassing a number of ways the government could remedy the situation, including having all details put in ministry lists, the solicitor-general observed such measures would not bind future governments.

“For that reason, the Government might choose to entrench a requirement for the publication of appointments under s 64 of the Constitution by creating a statutory requirement for the publication of appointments”.

Albanese said he had told his department to work with the Office of the Official Secretary to the Governor-General to adopt a practice of publishing in the Commonwealth Gazette future appointments of ministers to administer departments. The government will also consider legislation to ensure such appointments are made public.

Governor-General David Hurley has come under public criticism for apparently not questioning the strange arrangement Morrison was making.

The solicitor-general noted, “The governor-general has no discretion to refuse to accept the prime minister’s advice in relation to such an appointment.”

Hurley himself has said he had no reason not to think the government would make the appointments public.

Albanese made it clear he would not criticise Hurley.

Asked whether Morrison should resign from parliament, Albanese said that is “a matter for Mr Morrison and his colleagues”.

“Quite clearly, I think Mr Morrison’s behaviour was extraordinary. It undermined our parliamentary democracy and he does need to be held accountable for it.”

Read more https://theconversation.com/morrisons-multiple-ministries-legal-but-flouted-principle-of-responsible-government-solicitor-general-189227

Times Magazine

Navman MiVue™ True 4K PRO Surround honest review

If you drive a car, you should have a dashcam. Need convincing? All I ask that you do is search fo...

Australia’s supercomputers are falling behind – and it’s hurting our ability to adapt to climate change

As Earth continues to warm, Australia faces some important decisions. For example, where shou...

Australia’s electric vehicle surge — EVs and hybrids hit record levels

Australians are increasingly embracing electric and hybrid cars, with 2025 shaping up as the str...

Tim Ayres on the AI rollout’s looming ‘bumps and glitches’

The federal government released its National AI Strategy[1] this week, confirming it has dropped...

Seven in Ten Australian Workers Say Employers Are Failing to Prepare Them for AI Future

As artificial intelligence (AI) accelerates across industries, a growing number of Australian work...

Mapping for Trucks: More Than Directions, It’s Optimisation

Daniel Antonello, General Manager Oceania, HERE Technologies At the end of June this year, Hampden ...

The Times Features

Human Rights Day: The Right to Shelter Isn’t Optional

It is World Human Rights Day this week. Across Australia, politicians read declarations and clai...

In awkward timing, government ends energy rebate as it defends Wells’ spendathon

There are two glaring lessons for politicians from the Anika Wells’ entitlements affair. First...

Australia’s Coffee Culture Faces an Afternoon Rethink as New Research Reveals a Surprising Blind Spot

Australia’s celebrated coffee culture may be world‑class in the morning, but new research* sugge...

Reflections invests almost $1 million in Tumut River park to boost regional tourism

Reflections Holidays, the largest adventure holiday park group in New South Wales, has launched ...

Groundbreaking Trial: Fish Oil Slashes Heart Complications in Dialysis Patients

A significant development for patients undergoing dialysis for kidney failure—a group with an except...

Worried after sunscreen recalls? Here’s how to choose a safe one

Most of us know sunscreen is a key way[1] to protect areas of our skin not easily covered by c...

Buying a property soon? What predictions are out there for mortgage interest rates?

As Australians eye the property market, one of the biggest questions is where mortgage interest ...

Last-Minute Christmas Holiday Ideas for Sydney Families

Perfect escapes you can still book — without blowing the budget or travelling too far Christmas...

98 Lygon St Melbourne’s New Mediterranean Hideaway

Brunswick East has just picked up a serious summer upgrade. Neighbourhood favourite 98 Lygon St B...